Law:

Section:

Civil Procedure Code (V of 1908)------O. VIII, Rr. 1, 8 & 10---Written statement---Non-filing of written statement ---Effect- -Written statement was the statement filed by defendant in answer to the plaint and constituted his defence---Defendant had a right to file a written statement without a formal order of the Court, at any stage prior to first hearing, but could not subsequently do so without the order or leave of the Court---When required written statement had not been filed, two alternatives were before Trial Court namely, the pronouncement of forthwith or making of such other order---Though it was discretionary with the Court to apply penal provisions of R.10 of O.VIII, C.P.C. and pronounce even without recording evidence, but such , should be on the basis of facts before it---Punitive action should only be taken in severe circumstances---Court could in the alternative, award costs and grant an adjournment or proceed to record evidence ex parte and then pronounce ---Provisions of O.VIII, R.1, C.P.C. had not been strictly adhered to and punitive action had been taken without any justifiable reason in the present case---Impugned orders which had been passed in haste without application of judicial mind, were not sustainable in the eye of law. Col. (Retd.) Ayub Ali Rana v. Dr. Carlite S. Pune and another PLD. 2002 SC 630 and Mst. Najma Yasmin and another v. Mst. Firdous Khalid and 2 others 2002 CLC 1085 ref. Muhammad Aman Khan for Petitioner. Mrs. Shah Nawaz Khan and Umar Zafran for Respondent. Date of hearing: 23rd September, 2005. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- Shortly narrated the facts relevant for the disposal of instant revision petition are, that a suit was instituted by the predecessor-in-interest of respondents Nos. 11 to 15 against respondents Nos.1 to 10 in the Court of Civil Judge, Swabi for declaration to the effect that they were owners in possession of suit land, detailed in the plaint; that they had not mortgaged the suit-land and that entry in favour of defendant was void, illegal and ineffective on the rights of the plaintiffs/respondents Nos. 11 to 15. A prayer for possession of suit-land and in alternative for redemption on…

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